The Paris Civil Court refuses the protection of a Jimi Hendrix’s photo by copyright

In a decision dated May 21, 2015, the Paris Civil Court refused to admit the existence of a forgery of Jimi Hendrix’s photo on the grounds that the originality of the work had not been proved.

In this case, an electronic cigarette sales company had reproduced a Jimi Hendrix’s photo...
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The "Les Républicains" trademarks are legal

In a decision dated May 6, 2015, the Paris First Instance Court, ruling in emergency, held that neither manifestly unlawful disturbance nor eminent harm could be characterized by the use, by a political party, of the term “Les Républicains” as a denomination and as a trademark.

The...
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Decree n°2015-511 of May, 7th, 2015: the INPI silence is not considered as an acceptance

The Decree n°2015-511 of May 7th, 2015 introduces exceptions concerning the principle "silence is considered as an acceptance".

In the relationship between the citizens and the Administration, the principle is: "if the administrative authority failed to respond within two months to a...
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The Paris Court of Appeal affirms the validity of the trademark “Vente-privee.com”

In a decision dated March 31, 2015, the Paris Court of Appeal overturnedthe judgment of the Paris Civil Court of general jurisdiction of November 28, 2013 which declared the invalidity of the trademark “vente-privee.com” on the basis of article L. 711-2 of the intellectual property...
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Paris court declared Facebook’s jurisdiction clause unfair

Facebook’s Terms of Service attribute exclusive jurisdiction to the Californian Courts in case of litigation with users. However, a French citizen sued Facebook before a French national court after one of his picture was censored and his account suspended.

The Paris court of first...
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Anti-terrorism: a new decree to delist websites praising terrorism

The  n°2015-253 decree of March 4th 2015  regarding the delisting of websites encouraging terrorist actions or broadcasting child pornography was published in the Official Journal on March 5th 2015. The text dictates a new obligation for search engines: delisting....
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February 20th 2015 Act: orphan works digitization

In order for a work protected by copyright to be digitally published on the Internet by a library or archives, it is imperative that the right holders give their prior consent.

However, regarding orphan works, it is considered that the right holders have not been identified despite...
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February 20th 2015 Act: Extension of the term of protection for phonogram rights

The act dated February 20th 2015 implemented Directive 2001/77/EU dated September 27th 2015 on the term of protection of copyright and certain related rights....
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The French competition Authority reviews TDF’s proposal to reform its antenna hosting contracts

To ensure a nationwide network coverage, telecom operators need to deploy highly located antennas called towers. These towers can be the property of the telecom operators themselves or belong to specialized tower companies like TDF. The tower companies rent the towers to telecom operators...
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ARCEP places the wholesale markets for SMS termination under surveillance

The wholesale market for SMS termination is a structural monopoly. The regulation of this market is a key element for maintaining a decent level of competition between telecom operators in France (especially the regulation of the price paid by an operator when one of its client sends a SMS to a...
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